Community Development

The Community Development Project (CDP) builds strong foundations for healthy, vibrant and economically stable communities through (1) its legal and capacity building services for nonprofits, small businesses and low income entrepreneurs; and (2) its Housing and Inclusive Development Unit, which supports community led advocacy groups and community based organizations. Read More

Contact Information

Please click here to apply!

The Community Development Project requires prospective clients to complete the appropriate application in order to determine eligibility for legal assistance.

For more information about eligibility for our legal services or the application process, please call:

213-385-2977 X 200

Why Your Nonprofit Might Need Legal Assistance

Why You and Your Small Business Might Need Legal Assistance

Webinar: Launching and Sustaining a New Nonprofit

Join us for an affordable seminar for new nonprofits, co-sponsored by Public Counsel and the Center for Nonprofit Management.

Startups and new nonprofits face a number of planning, financial, and legal challenges from the outset. This introductory course will cover both legal and programmatic fundamentals, including best practices for designing successful programs, recruiting an effective board, developing a sustainable fundraising plan, forming a California nonprofit corporation and applying for tax exemption, and complying with ongoing tax and legal requirements.

Advance registration is required. Please visit our Seminars & Clinics tab for more information on the next seminar.

Meet Our Clients

Public Counsel's Community Development Project assists the nonprofit and small-business doers and dreamers who are making their neighborhoods better. Click here to read their stories.

Read Our E-Newsletter

Click here to read our latest e-newsletter with timely legal alerts and announcements of upcoming trainings for nonprofit organizations and small businesses.

Click here to sign up for our e-newsletter mailing list (select the "Community Development Project e-newsletter").

News
Publications
Video
Seminars & Clinics
Useful Materials

Public Counsel successfully defends the City of Los Angeles' COVID-19 tenant protections
COVID-19 Resources for Nonprofits, Child Care Providers, and Small Businesses Please check this page for legal resources on COVID-19.
Legal Assistance for Small Businesses
Asistencia Legal Para Negocios Pequenos
How Permanent Tenant Protections Can Help Prevent Homelessness and Displacement in LA County A new report highlights the human costs of rising rents, and documents the shocking number of renters who live in a constant state of insecurity in LA County. It also provides a comprehensive set of policy recommendations in order prevent homelessness and displacement.
Community Group Sues City of L.A. for Using Illegal Procedure to Block Supportive and Affordable Housing Projects for Homeless The LOA is a controversial loophole that gives individual City Councilmembers unchecked power to secretly block, alter or delay supportive and affordable housing projects in their district for any reason or no reason at all. It is a requirement that applies only to supportive and affordable housing, and not to any other type of development in the City.
Equitable Redevelopment For The Los Angeles River Restoration of the Los Angeles River offers the communities along its 51-mile stretch a tremendous opportunity for environmental and urban revitalization. However, with the promise of revitalization come the threats of gentrification and displacement. Recognizing a need for deliberate planning and concrete policy tools, Public Counsel partnered with the Southeast Asian Community Alliance and other community-based organizations to develop a framework for equitable development along the river.
No on Los Angeles City Measure S Measure S could actually stop projects that would provide permanent supportive housing for people that are homeless – housing that voters approved with the passage of Measure HHH in November.
Passage of Props JJJ & HHH -- Thank You Los Angeles! In the days and weeks ahead, our country and our communities will be grappling with the implications of this year’s post-election landscape. But Los Angeles voters also gave us something to celebrate on Nov. 8th by supporting key local measures.
Support for Prop JJJ - A tool for building an inclusive, diverse Los Angeles Proposition JJJ, also known as Build Better LA (BBLA), will help address two of Los Angeles’ most pressing problems: lack of affordable housing, and lack of good-paying jobs. Public Counsel enthusiastically supports the passage of Prop JJJ this fall election cycle.
Yes on Prop HHH - Homes, Help, Hope. Prop HHH will give us the resources to provide our homeless neighbors a safe place to live, and provides crucial support services and treatment. Unless we take collective action homelessness in Los Angeles will only get worse.
Federal Court Approves Landmark Settlement to End City of Pomona's Unlawful Seizure of Essential Property of Homeless Residents Court order creates new model for cities that protects essential property of homeless residents and preserves access to public spaces for all
Affordable Housing Legal Alert: Assembly Bill 2135 Strengthens Priorities for Affordable Housing on Public Surplus Land Assembly Bill 2135, signed into law last year, has strengthened an important tool for affordable housing developers. The bill amended California’s Surplus Land Act, which prioritizes affordable housing by giving affordable housing developers a first right of refusal when local agencies sell or lease surplus land.
New Analysis Shows that Transit Agencies Can Promote Affordable Housing, Increase Ridership A new analysis from Public Counsel and a coalition of neighborhood-based community development corporations may point the way for transit agencies interested in increasing ridership by discounting land near transit for affordable housing.
Sidewalk Stimulus: $517 million in Economic Stimulus Generated by Los Angeles Street Vendors Los Angeles' Street Vendors contribute to the economic vitality of the city and yet the current ban on street vending is blocking their full potential.
South L.A. Community Groups Win Health Care Victory Community members and elected leaders applauded the opening of the Rev. Warner Traynham Community Center, a full-service clinic in South L.A. Public Counsel represented the community in negotiations that made it possible.
Commercial Lease Review for Nonprofit Serving 30,000 meals to People Living with HIV/AIDS There have been over 82,000 cumulative diagnoses of HIV infection in Los Angeles County. Project Chicken Soup understands HIV/AIDS, cancer, and other illnesses make even routine tasks such as preparing meals challenging, and in some cases, impossible. Learn how Public Counsel ensured the nonprofit was able to avoid a legal pitfall that threatened to disrupt operations and continue providing this vital service.
Governor Jerry Brown Signs Important State Affordable Housing Bill AB 2222 will strengthen the state density bonus law by increasing the affordability requirement of all low and very low income units.
Structuring an Innovative Housing Co-op for Long-term Ownership and Affordability Los Angeles' affordable housing crisis prevents too many vulnerable Angelenos from meeting their basic needs. Public Counsel assisted residents of the Urban Soil/Tierra Urbana Housing Co-op in setting up an innovative cooperative structure that resulted in 45 units of affordable housing for elderly, low-income Angelenos.
Helping a Nonprofit Serve Up Health Care for Uninsured Restaurant Workers Nearly 90% of all restaurant workers in Los Angeles don't receive employer health insurance - that's more than 225,000 employees. Public Counsel is helping to change that.
Amazing People, Changing Lives: Meet Public Counsel's 2013 Pro Bono Heroes With more than 5,000 volunteer attorneys and professionals from the nation's top law firms, companies and private practitioners, Public Counsel is the nation's largest not-for-profit law firm of our kind. But it wouldn't happen without our pro bono heroes. Meet our 2013 Pro Bono Award honorees.
How Chinatown Students' Hope for Their Neighborhood Led to Victory for Los Angeles Families Chinatown students in the Southeast Asian Community Alliance wanted to make sure their families had a future in the rapidly changing neighborhoods. Public Counsel helped make their vision reality.
Cutting the Legal Red Tape for a California Nonprofit Building a Sustainable Food Service Model Public Counsel obtained tax-exempt status for the Food Chain Workers Alliance, whose members plant, harvest, process, pack, transport, prepare, serve, and sell food, and organize to improve wages and working conditions for all workers along the food chain.
Entrepreneur's Dream of Healthy Food for People on the Run Gets a Jumpstart with Trademark Help Public Counsel provided intellectual property assistance to Stix & Straws, an up and coming restaurant with a revolutionary idea.
Lights, Camera, Tax-Exemption! Performing Arts Group Ready to Bring Drama Education to Schools in Need Kristina Keeney Ivy's life-long dream has been to start a performing arts group. Find out how Public Counsel helped her realize that dream and the impact it has had on nearly 100 students.
New Report Details Strategy for LA Transit Partnership on Affordable Housing Public Counsel's new report about the future of Los Angeles details a strategy for how mass-transit planners can encourage the growth of affordable housing.
More than 60 Groups Oppose LA City Housing Law That Would Target Veterans, Seniors More than 60 groups have signed a letter that supports shared housing as a solution to homelessness and a path to independence and security.
Get Public Counsel's 2011-2012 Annual Report More cases, more impact, more amazing stories. Get the full story in Public Counsel's 2011-2012 Annual Report.
20 Years After L.A. Riots a Success Story Keeps Growing The Coalition of Mental Health Professionals formed in the wake of the Los Angeles riots to provide desperately needed mental health services to the South Central community. Twenty years later, it's a success story that keeps getting stronger -- with help from Public Counsel's Community Development Project.
Public Counsel Helps Venice Residents Protect a 'Unique Place' Public Counsel and Venice residents filed an agreement that protects the largest federally subsidized housing development on Los Angeles' Westside for 20 years.
'We Are Public Counsel': Snapshots from the 2011 Pro Bono Awards Public Counsel celebrates the attorneys and professionals who helped us provide free legal help and change thousands of lives. "Our honorees are talented attorneys and professionals and they are making our city and nation a better place to live," said President and CEO Hernan Vera.
South LA Residents' Voices are Heard Loud and Clear in Negotiations over Major Development Project Along the Expo Line Public Counsel Staff Attorney Serena Lin negotiated a multi-million dollar community benefits agreement on behalf of community groups in South LA -- providing health care for the underserved, affordable housing, living wage jobs and small business development.
Public Counsel's Rapid Response Supports Low-Cost Lending to People Hurt by Economic Crisis Nonprofit community development credit unions have long offered an economic lifeline to communities that have been abandoned by commercial banks and targeted by high-priced check cashers and predatory lenders. Public Counsel went into action to help local lenders qualify for federal funding.
Affordable Housing Gets Short Shrift The Los Angeles Times article, "Cities often give short shrift to affordable housing," detailed how cities across California are skirting or ignoring laws requiring them to build affordable housing - and wasting tax dollars in the process. Read more about the pro bono firms and agencies who have worked with Public Counsel to bring this issue to the public.
60 New Affordable Homes for Seniors - In Honor of Rosa Parks Public Counsel and pro bono attorneys helped to make possible the development of the Rosa Parks Villas, 60 homes for low-income seniors and a gateway to revitalizing the Crenshaw corridor.
Entrepreneur Emerges from Homelessness Kika moved to Los Angeles with the dream of making her small business a success. Although personal challenges led her to spend time in a homeless shelter, she is now back on her feet and successfully expanding her company.
Lynwood Families Fight to Preserve Affordable Homes When the City of Lynwood approved the demolition of a mobile home park, eight families from the park approached Public Counsel with a plea to help save their homes. On behalf of these eight families and all other low-income residents of Lynwood, Public Counsel's Community Development Project (CDP) engaged in a two-year legal battle with the Lynwood Redevelopment Agency.
Maintaining Compliance with Employment Laws for a Nonprofit Serving Our Military Heroes The US Department of Housing and Urban Development (HUD) estimates that more than 57,000 veterans are homeless each night. Partnerships with nonprofits and individuals have been instrumental in helping LightHouse Social Service Centers offer services to veterans and their families.
Strengthening the Healthcare Safety Net Two million Angelenos, including about 200,000 children, are without health insurance. Many depend on nonprofit community clinics for access to free or low cost healthcare. But clinics are struggling with increasingly complex issues that affect their survival: closure of emergency rooms, state and local budget deficits, Medicaid reimbursement battles and uncertainties about the impact of healthcare reform.
Attorneys, Community Members and the East LA Community Corporation Work to Save Historic Casa Del Mexicano Built in 1901 as a church, in the 1930s Casa Del Mexicano became a self-help center for the community during the era when thousands of Mexican citizens were being sent home, blamed for stealing scarce jobs during the Great Depression. By the 2000s, it had fallen into disrepair, and the California Attorney General's office took the rare action to dissolve the nonprofit that had mismanaged the historic space. Learn how Public Counsel helped to stave off foreclosure of the century-old property.
Defending City's Approval of 36-unit Affordable Housing Complex for Low-Income Seniors in Koreatown In 2012, our client Little Tokyo Service Center obtained city approval to develop a four-story, 36-unit affordable housing complex in Koreatown for seniors with low incomes as well as social service space and community rooms. However, the project was threatened when three individuals filed a lawsuit against the City of Los Angeles challenging the approvals for the project. Learn how Public Counsel and pro bono attorneys helped defend the City's approval of the project.
Intellectual Property Protection for Small Business Celebrating Latino Culture For most people, especially for those who take the L.A. buses, the time spent traveling to and from work is just "downtime." For Martha Barrios, President and CEO of Frijolitos, Inc., the time she spends on the bus is one of the most valuable and productive parts of her day. Learn how Public Counsel assisted Frijolitos take an important step with protecting its intellectual property.
Human I-T : Helping Close the Digital Literacy Gap The internet offers access to social and government services, educational tools, employment opportunities, and countless sites that allow a majority of working people in the U.S. to depend on some type of communication technology as part of their daily tasks. However, lower levels of computer ownership and internet connection are more prevalent among low income households, non-family households, disabled populations, minority populations, and households with lower levels of education, which has resulted in lower digital literacy rates in these disadvantaged communities. In efforts to close this gap, a unique organization has made it its mission to advance digital literacy while maintaining social and environmental awareness.
Bruin Shelter Opens Doors for Students
Tenants Seek to Join Federal Lawsuit to Defend City of Los Angeles's Covid-19 Tenant Protections
Uplift Inglewood Advocacy Results in Clippers Announcement of $100 Million Investment in Local Community Victory for Uplift Inglewood Coalition! On Tuesday, September 10th, after years of advocacy and campaigning by Uplift Inglewood Coalition, the Clippers have announced a proposal for a $100 million investment in the Inglewood community, of which $75 million will be invested in affordable housing.
Garden Grove Families Forced Out of Homes Prevail in Lawsuit over Relocation, Replacement Housing Court orders state to approve relocation payments for families forced from their homes to make way for a taxpayer-funded water park and hotel in Garden Grove; ruling will also result in funding for building new affordable housing
Community Agreement in Major Development to Boost Good Jobs and Affordable Homes in South L.A. Public Counsel and the UNIDAD Coalition negotiate a plan to include affordable housing, quality jobs for local residents, opportunities for small business and homeless support services.
Garden Grove Families Forced Out of Homes for Water Park File State Lawsuit over Relocation Denial
Public Counsel Honors Elizabeth Dole with 2013 William O. Douglas Award at Gala Night Public Counsel honored Elizabeth Dole with its William O. Douglas Award on Thursday, September 12, 2013, and announced a new partnership to give legal support to caregivers supporting wounded warriors and military veterans.
Federal Transit Report on Metro Service Cuts Shows Disturbing Evidence of Discrimination MTA service cuts and fare increases shows serious concerns about how they have affected riders, particularly people of color. Read our statement.
Garden Grove Residents Act to Stop Eviction Over Proposed Water Park Facing the loss of their homes, longtime Garden Grove residents are fighting the City of Garden Grove's plans to evict them while using taxpayer money for a hotel and water park project that is still seeking outside financing - and may not break ground for years.
Venice Residents Announce Major Agreement to Protect Affordable Homes and a Diverse Neighborhood Venice residents announced and agreement that extends affordable housing protections for 20 years at Holiday Venice, the largest federally-subsidized housing development on Los Angeles' Westside.
Statement: Affordable Housing Is Working for All Californians Public Counsel released a statement calling for the California Legislature to protect affordable housing for all Californians.
Landmark Environmental Justice Nonprofit and Mitigation Fund, Up to $50 Million, Approved Unanimously by Board of Harbor Commissioners Public Counsel plays lead role in establishing up to $50 Million Community Fund and a Nonprofit to Alleviate L.A. Port Pollution.
Residents Sue To Prevent City's Planned Destruction of Affordable Housing Group Alleges City Violated State Law by Failing to Provide Replacement Housing Plan or Adequate Relocation Benefits in connection with Plan To Destroy 100 Homes for Hotel and Water Park Development
Los Angeles Times: Activists fear that big-project zoning change would ignore L.A.'s poor Newly proposed rules meant to smooth the way for vetting big developments in Los Angeles are stirring up alarm among community groups that say the plan doesn't do enough to protect poor households or small businesses from being displaced.
Pasadena Star News: Change in law endangers Industry program that built thousands of affordable housing units The demise of redevelopment agencies may turn off the spigot on an Industry-funded program that has paid for 10,000 affordable housing units during the last 20 years. Public Counsel is working to protect the program.
Daily Journal: Settlement assures low rents Hundreds of families living in one of West Los Angeles' last affordable housing complexes will get to hang on to their low-rent privileges after a breakthrough Public Counsel lawsuit.
Race, Poverty & the Environment: Los Angeles Coalition Wins Health Clinic and Jobs from Developer Get the back story about how Public Counsel helped community groups in South L.A. win health care and quality jobs at a luxury housing development. "We sent a message at a critical time that communities are powerful and can win," says Public Counsel's Serena Lin.
LA Times: City planners approve $250-million residential-retail complex in South L.A. The L.A. Planning Commission unanimously OKs developer Geoffrey H. Palmer's Lorenzo project after the developer agrees to community demands that he set aside space for a medical clinic there and hire local residents. Public Counsel attorney Serena Lin, who negotiated this agreement on behalf of South Los Angeles community members, is quoted in this article.
KPCC: TraPac expansion brings $16 million (so far) to port communities Wilmington and San Pedro will benefit from a new community fund - as much as $50 million set aside from Port revenues. This month the fund was finally created as a condition of a memorandum of understanding that allowed the TraPac container area to grow 3 years ago.
Arrested Redevelopment: Cities often give short shrift to affordable housing At least 120 municipalities spent a combined $700 million in housing funds from 2000 to 2008 without constructing a single new unit, a Times analysis of state data shows. Nor did most of them add to the housing stock by rehabilitating existing units. Public Counsel attorney Shashi Hanuman is quoted in the article.
Tenants Sue Over Low-Income Units Public Counsel is one of three firms representing the Holiday Venice Tenant Action Committee in a suit that claims that by recently letting the owners of the 1,000-resident complex pay off their HUD-backed loans several years early, the agency stripped the apartments of certain low-rent protections guaranteed while the loans were outstanding.
Pro Bono Not Limited to Litigation Earlier this month, 50 summer associates from nearly two dozen major law firms attended a seminar in downtown Los Angeles on the benefits of doing corporate pro bono work. The one-of-kind program is the brainchild of Skadden, Arps, Slate, Meagher & Flom in collaboration with Public Counsel and the Los Angeles County Bar Association.
The Deferred: Go West, Young Lawyer Matthew Kane had expected that by now, he'd be settled into the firm's Park Avenue offices in New York City, meeting new colleagues, learning the ropes of life as a newbie lawyer. Instead, he finds himself occupying an altogether different kind of office. He's on the West Coast in Los Angeles's Koreatown neighborhood, adjusting to a new job with Public Counsel

Revenue Generating Activities for Nonprofits This publication discusses legal issues that may arise when a tax-exempt organization engages in revenue generating activities, including income tax considerations, mitigating liability, structuring options, and taking on investors. This publication is intended to provide an overview of issues an organization should consider before launching a new revenue generating activity.
Guide to Forming A Charitable, Tax-Exempt, Nonprofit Organization [2020] This guide provides a basic overview of the process, and a discussion of some of the issues to consider in determining whether to form a nonprofit tax-exempt organization.
List of Initial Filing Fees for Setting Up a California Tax Exempt Corporation [2019]
Guide to Commercial Leases Our Guide to Commercial Leases provides a general introduction to the typical provisions found in a commercial lease and discusses key issues that nonprofits and small businesses should consider before entering into a lease. This Guide will be useful to organizations considering a proposed lease as well as those who want to better understand the terms of a current lease.
Board Orientation Manual (2019) This form provides a template that will help you develop an orientation manual tailored for new and existing directors of your organization. It also contains a sample appendix with a suggested list of documents that you should provide new directors to better acquaint them with your organization's corporate structure, bylaws and operating policies.
Work Authorization FAQ for Employers A heightened focus on immigration issues under the new administration has raised a number of questions for employers. Our new publication addresses some of the most common questions we are receiving in the area of employee hiring and Employment Eligibility Verification Form (Form I-9) compliance.
Sample Minutes, Resolutions, and Consents Public Counsel's Community Development Project has designed these annotated sample minutes, consents, and board resolutions to serve as a tool for non-membership California nonprofit public benefit corporations and pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Sample Gift Acceptance Policy Public Counsel's Community Development Project has designed the attached form of Gift Acceptance Policy for a California nonprofit public benefit corporation exempt from taxation under Internal Revenue Code section 501(c)(3) to assist nonprofit organizations seeking to adopt or amend such a governance policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Running a Successful Volunteer and Internship Program This publication will discuss many of the common litigation risks and issues associated with volunteers and interns, including misclassification, compensation, discrimination and/or harassment, disciplinary actions, and injuries in the workplace.
Employee Handbook for Nonprofits and Small Businesses This attached sample employee handbook is designed for nonprofit organizations and small businesses. The document is annotated with explanatory endnotes, including citations to applicable law and alternatives.
Executive Compensation Policy Public Counsel's Community Development Project has designed the attached form of Executive Compensation Policy for a California nonprofit public benefit corporation exempt from taxation under Internal Revenue Code section 501(c)(3) to assist nonprofit organizations seeking to adopt or amend such a governance policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Dissolution of a California Nonprofit Corporation [2017] This guide is designed to assist directors and executive management staff of California Nonprofit Public Benefit Corporations, as well as attorneys who are assisting such corporations on a pro bono basis, understand the process of voluntary dissolution. The guide focuses on the procedures and requirements specified in the California Nonprofit Corporation Law.
Work For Hire Basics for Nonprofits [2016] This guide provides nonprofits with an overview of the Work for Hire doctrine, which governs whether an organization that commissions work to be done or whether the person who created the work (e.g. an employee or independent contractor) owns the copyright in the work. It covers the following information: Copyright Basics, Works Made for Hire Overview, and Best Practices: Works for Hire.
New Best Practices Guide: Background Checks This publication addresses some of the key legal considerations governing the use of employee background checks, including federal and state consumer credit reporting laws, anti-discrimination statutes, employment laws, and state and local "ban the box" laws.
Guide For Reinstatement of Good Standing With Corporate and Tax Regulatory Agencies For California Nonprofit Public Benefit Corporations This publication provides an overview of how to bring a California nonprofit public benefit corporation exempt from taxation under section 501(c)(3) of the Internal Revenue code and Section 23701d of the California Revnue and Taxation Code into compliance with the California Secretary of State, California Attorney General, California Franchise Tax Board, and Internal Revenue Service.
Notification Requirements for California Public Benefit Corporations: Change of Address, Name, Mission or Specific Purpose, Scope of Activities, or Other Significant Changes to Bylaws Directors and executive staff of a California nonprofit organization may wish to make changes to the organization, including changing the name, mission, programs and services, or governing rules. This guide explains the required process for making these changes, including how to notify the IRS and California regulatory agencies, as well as potential legal concerns that need to be addressed before the changes are made.
Annotated Form of Articles of Incorporation for a California Nonprofit Public Benefit Corporation [2013] This form is designed to assist nonprofit organizations that have chosen to incorporate in California and the pro bono attorneys who represent them. Each section of the form is annotated with an explanatory endnote, including citations to applicable laws.
Annotated Form of Bylaws for a California Nonprofit Public Benefit Corporation [2018] This form is designed to assist nonprofit organizations that have chosen to incorporate in California, existing California nonprofit corporations engaged in a bylaws review, and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws.
Annotated Form of Conflict of Interest Policy [2010] This form is designed to assist nonprofit organizations seeking to adopt or amend a Conflict of Interest Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Anatomy of a Fundraiser: A Legal Guide for Charitable Fundraising In California This publication addresses various legal issues associated with fundraising under California and federal law, including required corporate and tax filings, acknowledging donations, managing employees and volunteers at fundraising events, contracts with vendors, unrelated business income tax, charity auctions, commercial co-ventures, and gambling.
Intellectual Property Licensing Basics for Nonprofits [2016] This document provides nonprofits with a useful guide for understanding intellectual property licensing and why it is used. In pursuit of achieving their mission and conducting charitable activities, nonprofit organizations often develop advertising and marketing literature, design logos, names and programs, and create products or written works. All of these things constitute intellectual property. If intellectual property is not managed well, a nonprofit organization may dilute or damage its rights to its own intellectual property and possibly infringe on the rights of others. However, if managed correctly, intellectual property can be protected and used as an asset that the nonprofit can license to others in order to further the organization's cause and/or generate revenue.
Public Support Test [2020] In order to retain public charity status, most nonprofit organizations need to meet one of two "public support tests," which measures an organization's public support over a five year period. This publication provides an overview of both public support tests.
Federal Mortgage Maturity Toolkit: A Step-by-Step Guide for Advocates Tens of thousands of units in certain Housing and Urban Development (HUD) properties are experiencing mortgage maturity or the expiration of use restrictions or assistance. Unassisted tenants in these properties face the serious risk of a rent increase, displacement and homelessness. Congress has targeted funding for tenant protection vouchers to help address this issue but the process for accessing this funding can be complicated and confusing.
Annotated Business Associate Agreement [2015] Under the U.S. Health Insurance Portability and Accountability Act (HIPAA) of 1996, a HIPAA business associate agreement is a contract between a HIPAA covered entity and a HIPAA business associate. The agreement protects personal health information in accordance with HIPAA requirements.
Reconsidering Redevelopment - Neighborhood Based Economic Development in Los Angeles "Reconsidering Redevelopment" is a new Public Counsel report co-authored by more than a dozen community-based groups that highlights the need to address economic development in Los Angeles' poorest areas.
Resources for the Formation of A Tax-Exempt California Nonprofit Corporation Resources to assist nonprofit organizations that have chosen to incorporate in California and the pro bono attorneys who represent them
New Report Details Strategy for LA Transit Partnership on Affordable Housing Public Counsel's new report about the future of Los Angeles details a strategy for how mass-transit planners can encourage the growth of affordable housing.
How Maturing Subsidized Mortgages Threaten Affordable Housing in Los Angeles [2012] Much of LA's affordable housing risks being lost in the next few years due to the maturity of subsidized mortgages. This report describes what's at risk and what responses are needed to keep this housing affordable.
Getting There Together: Tools to Advocate for Inclusive Development Near Transit [2012] This guide is a Southern California housing advocates' guide outlining legal tools for influencing affordable housing and land use and disposition policies in a new era of transit-oriented development and smart growth. It sets forth selected strategies that can be used by advocates at the regional, local, neighborhood, and project-specific levels to meaningfully participate in shaping the landscape of our neighborhoods.
New California Law Affects Nonprofit Governance Practices [2009] Does your nonprofit corporation have non-voting ex officio directors? Does your executive committee have members that are not directors? Do your bylaws allow certain directors to have more than one vote or vote by proxy? If you answered "yes" to any of these questions, AB 1233 may require your organization to review and modify its current governance practices.
New Tax Filing Requirement for 501(c)(3) Organizations: The "e-Postcard" [2008] This alert describes the new electronic notice filing requirement for small 501(c)(3) organizations, and a new automatic revocation for organizations of any size that fail to file the required notice or tax return for three consecutive years.
New Federal Tax Law Affects Charitable Organizations: "Pension Protection Act of 2006" The "Pension Protection Act of 2006" makes several changes to the tax law that affect 501(c)(3) organizations and the deductibility of charitable contributions. These changes include a new annual information notice filing requirement for charities with less than $25,000 in revenues; automatic revocation of exemption for 501(c)(3) organizations that fail to file information returns or notices for three consecutive years; a limit on the deductibility of donated clothing and household items; and required public disclosure of a charity's unrelated business tax return.
New Law Governing Commercial Web Sites and Online Service Providers in California: "California Online Privacy Protection Act" [2004] The "California Online Privacy Protection Act" requires operators of websites that collect personal information from California consumers to include a privacy policy on their sites and outlines specific items that each privacy policy must include.
New Law Governing Nonprofits and Charitable Fundraising in California [2004] The "Nonprofit Integrity Act of 2004" amends certain legal provisions applicable to the governance of California nonprofit organizations and charitable fundraising in California.
Annotated Form of Records Management and Retention Policy [2010] This form is designed to assist nonprofit organizations seeking to adopt or amend a Records Management and Retention Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Annotated Form of Whistleblower Policy [2016] This form is designed to assist nonprofit organizations seeking to adopt or amend a Whistleblower Policy and the pro bono attorneys who represent them. The form is annotated with explanatory endnotes, including citations to applicable laws, alternatives, and recommended practices.
Resources for the Formation of a Tax-Exempt California Public Charter School [February 2020] Public Counsel's Community Development Project in collaboration with the California Charter Schools Association has designed these resources, Form Articles of Incorporation and Form Bylaws for California Public Charter Schools, to assist charter schools that have chosen to incorporate as nonprofit public benefit corporations in California and the pro bono attorneys who represent them.
Annotated IRS Form 990 [2011] This guide is designed to assist California nonprofit public benefit corporations in collecting and disclosing information requested by the revised IRS Form 990. Selected portions of the revised core form, its schedules and instructions are annotated with explanatory notes, including citations to applicable federal laws, filing tips and recommended practices. Where appropriate, the annotations also discuss how California law governing nonprofit public benefit corporations relates to the revised form.
Bankruptcy Information for Nonprofits [2009] In this information sheet, the topic of bankruptcy is explored through a series of questions addressing many common concerns of nonprofit organizations from both the perspective of debtor and creditor. The answers offer a starting point for a nonprofit to evaluate whether the remedy of bankruptcy can help it achieve a more sustainable economic future through a reorganization, or whether the time has come to "close with honor." Also considered are the ramifications for a nonprofit when its landlord or a key supplier files for bankruptcy protection.
Checklist to Maintain Tax-Exempt 501(c)(3) Status [2002] This alert contains certain procedural and filing requirements that nonprofit organizations must comply with under federal and California state law. If your nonprofit organization fails to comply with some or all of these requirements, its tax-exempt status may be revoked.
Commercial Co-Ventures [2009] A commercial co-venture is a joint venture between a charitable organization and a for-profit business where the business announces to the general public that a portion of the purchase price of a product or service it sells or provides will, during a stated period, be paid to the charitable organization. This publication provides an overview of the registration, reporting and disclosure requirements associated with commercial co-venture programs, and tips on how to structure a commercial co-venture agreement.
Conducting Business Abroad [2013] This guide provides small business owners with an overview of how to navigate the U.S. legal and regulatory framework when conducting business abroad. It covers the following information: Importing into the United States, Exporting from the United States, Country-Specific Economic Sanctions, Antiboycott Laws, Anti-Money Laundering Laws, and The Foreign Corrupt Practices Act: Antibribery and Accounting Provisions.
El Manejo de Negocios en el Extranjero [2003] [Spanish] This guide provides small business owners with an overview of how to navigate the U.S. legal and regulatory framework when conducting business abroad. It covers the following information: Importing into the United States, Exporting from the United States, Country-Specific Economic Sanctions, Antiboycott Laws, Anti-Money Laundering Laws, and The Foreign Corrupt Practices Act: Antibribery and Accounting Provisions.
Copyrights & Fair Use for Nonprofits [2015] This guide contains a collection of frequently asked copyright and fair use questions and answers, divided into the following categories: Copyright Basics and Definitions, The Public Domain, Fair Use, Using Copyrighted Works, and Copyright Considerations on the Internet.
Copyrights & Trademarks [2015] This guide contains an overview of federal trademark and copyright laws. It covers the following information: What is a Trademark, Trademark Laws, Choosing a Trademark, Acquiring and Protecting Trademark Rights, and Copyrights.
Derechos de Autor y Marcas Comerciales [2003] [Spanish] This guide contains an overview of federal trademark and copyright laws. It covers the following information: What is a Trademark, Trademark Laws, Choosing a Trademark, Acquiring and Protecting Trademark Rights, and Copyrights.
Employment Law [2009] In this information sheet, applicable California employment laws are explored through a series of questions addressing many common concerns of nonprofit organizations and small businesses. The answers offer a starting point for organizations to evaluate alternatives designed to reduce expenses, including reductions in salaries, work hours or benefits, as well as layoffs.
Fiscal Sponsorship: An Alternative to Forming a Nonprofit 501(c)(3) Corporation [2009] Fiscal sponsorship is an alternative available to individuals or groups performing charitable services and wishing to give their donors the ability to take a charitable contribution deduction, but not wanting to spend a great amount of time and resources to comply with the extensive filing requirements, tax compliance, and other legal obligations associated with incorporation and tax exemption. Fiscal sponsorship may be appropriate when the proposed charitable program is relatively small in scope, temporary in nature or when the business plan is in its beginning stages.
Fundraising Issues for Nonprofit Organizations [2013] This alert highlights certain legal considerations, including tax on unrelated business activities (UBIT), sales and use tax, substantiation of charitable contributions and solicitation for charitable purposes, involved with fundraising activities. It also covers the registration and reporting requirements for charitable poker night fundraisers, bingo, raffles, auctions and other sales of goods.
Lease Modifications [2009] In this information sheet, the topic of lease modifications is explored through a series of questions that address many of the common experiences and concerns of organizations leasing commercial real estate in these economically challenging times. The answers offer a starting point for a nonprofit or small business to evaluate whether it can achieve a more sustainable economic future through rent abatement, rent deferral, sub-letting, or other lease concessions.
Leave Policies [2003] This guide contains an overview of overlapping federal and California state statutes that apply to any employee leave of absence issue. It covers the following information: Introduction to Employee Leave, Family and Medical Leave, The Americans with Disabilities Act, California Fair Employment and Housing Act, Pregnancy Disability Leave, Military Leave and Other Statues that Affect Employee Leave.
Licencia Para Ausentarse [2003] [Spanish] This guide contains an overview of overlapping federal and California state statutes that apply to any employee leave of absence issue. It covers the following information: Introduction to Employee Leave, Family and Medical Leave, The Americans with Disabilities Act, California Fair Employment and Housing Act, Pregnancy Disability Leave, Military Leave and Other Statues that Affect Employee Leave.
Asuntos Legales Para Negocios Pequenos y Agencias no Lucrativas [2002] [Spanish] This guidebook provides basic information on the following subjects: Organizing your business, Forming Charitable Tax-Exempt Nonprofit Organizations, Obligations and Possible Liabilities of Directors and Officers of Public Benefit Corporations, Employment Issues, Forming and Signing Contracts, Insurance Considerations, Federal Tax Considerations for Small Businesses.
Loan Modifications [2009] In this information sheet, the topic of loan modification options are explored through a series of questions addressing many common concerns of nonprofit organizations that are struggling to manage outstanding debt. The answers offer a starting point for a nonprofit to evaluate when it may be appropriate to modify a loan, what some other alternatives may be, and how a loan modification might help the nonprofit organization to keep its doors open during this economic crisis.
Mediation vs Litigation: Things to Consider Before Going to Court [2016] This document defines mediation as a private process where a neutral third person called a mediator facilitates a discussion of the issues at hand and helps you and the other party to potentially resolve the dispute through negotiation; describes several advantages of the process; and provides a list of some local organizations that may be helpful.
Merchant Contracts [2006] This guide provides a general introduction to transactions involving the sale of goods. It covers the following information: the fundamentals of the purchase/sale transaction, contracts, gap filling terms, delivery, inspection, acceptance and rejection, warranties and warranty disclaimers, consequential damages and other damages.
Mutual Directorships [2004] This alert highlights some issues a director of multiple nonprofit organizations may encounter when presented with a business opportunity that creates a potential conflict of loyalties.
Public Disclosure of Tax Documents This alert provides an overview of the legal requirement that tax-exempt organizations make federal exemption applications (Form 1023) and annual informational tax returns (Form 990) available for inspection by the public. The law requires that most tax-exempt organizations make copies available to the public on request and allow in-person inspection.
Preventing and Investigating Fraud, Embezzlement, and Charitable Asset Diversion: What's A Nonprofit Board To Do? [2014] This guide includes practical steps your board can take to prevent embezzlement and, if necessary, respond to it.
Risk Management & Insurance Guide for Nonprofits [2013] This guide provides a basic overview of the risk management process. Using a case study as an example, the guide explains the three fundamental steps that every organization should take in order to create a risk management plan: assess the nonprofit's risks; mitigate those risks to the greatest extent practicable; and obtain insurance to help pay the costs in the event a loss occurs.
Trademark Basics for Nonprofits [2015] This guide contains a collection of frequently asked trademark questions and answers, divided into the following categories: Trademark Definitions, How to Establish a Trademark, Proper Use of a Trademark, and Protecting a Trademark from Infringement.
Wage and Hour Laws [2004] This alert contains a summary of California wage and hour laws that apply generally to most employers (including nonprofits), as of August 2004.
The Housing Element - What is it, and How Can You Get Involved? [2008] Summarizes housing element law and what advocates can do to get involved in the 2008 update process.
Introduction to Public Counsel's Community Development Project Public Counsel's Community Development Project works with the doers and dreamers to help launch and support nonprofits and community based businesses with legal support. We expand jobs and opportunity. And we protect and expand affordable housing for seniors, and people with low income. Click the link to download an overview of of our work (PDF, 11 MB)

Launching and Sustaining a New Nonprofit Webinar - June 8, 2021 Startups and new nonprofits face a number of planning, financial, and legal challenges from the outset. This introductory course will cover both legal and programmatic fundamentals, including best practices for designing successful programs, recruiting an effective board, developing a sustainable fundraising plan, forming a California nonprofit corporation and applying for tax exemption, and complying with ongoing tax and legal requirements.

Resources for Tax-Exempt California Nonprofit Corporations Public Counsel's Community Development Project (CDP) provides a wide range of transactional legal services to qualifying nonprofit organizations. We assist start-up nonprofits that share our mission by helping to incorporate, obtain tax exemption, and establish workable corporate structures and policies. This collection of resources for nonprofit organizations and pro bono attorneys includes information on forming a nonprofit as well as information, forms and policies that are useful to existing nonprofits.
Resources for Small Businesses Free or low-cost individualized consulting, training, and loan programs for small businesses.
New Laws in California Make it Easier to Start a Business or Pursue A Career Did you know that there are new laws in California that make it easier to start a business and pursue a professional career using your a) drivers license b) your ITIN number or c) your municipal identification number? Learn more!
e-Newsletters for Nonprofit Organizations and Small Businesses CDP's e-Newsletters include timely legal alerts and announcements of upcoming seminars.
Form 990 Policy Series The IRS Form 990 now asks several questions about nonprofit governance policies and procedures. This series of memoranda was designed to help legal counsel to advise clients on drafting and adopting such policies. Each memorandum includes a form policy with a discussion of why various provisions might be used by a particular organization, as well as rationales for adoption of the policies, including references to applicable statutes and regulations. The series was created by the Form 990 Policy Series Group, a group of California lawyers who practice nonprofit law, including Public Counsel's General Counsel.
FAQs About CDP's Assistance to Nonprofits The five most frequently asked questions regarding the Community Development Project's Assistance for Nonprofits.
Why Your Nonprofit Might Need Legal Assistance
Why You and Your Small Business Might Need Legal Assistance
Southern California Housing Element Resources